Terms & Conditions - Sales
Purchase Agreement - TERMS AND CONDITIONS
Only clauses a, b and c will apply to the purchase of a new or used caravan/lodge from the Park Owner. Only clauses a, and d will apply to the purchase of a used caravan/lodge from another caravan/lodge owner on the Park, where the Park Owner's appointed as the sales agent.
a Ownership of the caravan/lodge will not pass to the customer until the total amount due in respect of the caravan/lodge is paid in full and the caravan/lodge is delivered to the Customer. The risk of loss or damage to the customer will pass to the customer.
b Where the customer has agreed to trade-in his /her caravan/lodge towards the purchase of the caravan/lodge but decides, to whatever reason, not to proceed with the purchase of the caravan/lodge and wishes to leave the Park but not remove the part exchange caravan/lodge from the Park, the Park Owner shall have the option to purchase the part exchange caravan/lodge at the agreed trade-in price less 20%. Ownership of and risk of loss or damage to the part exchange caravan/lodge will not pass to the Park Owner until ownership and risk in the caravan/lodge being purchased by the customer has passed to the customer.
c Both the customer and the Park Owner have the right to cancel the purchase of the caravan/lodge and any related part exchange by giving notice to the other within 14 days of the date of the Agreement to Purchase a caravan/lodge, but any such notice must be given before the Customer takes possession of the caravan/lodge.
d Where the Customer is purchasing the Caravan/lodge from another caravan/lodge owner on the Park and the Park Owner is appointed as the sales agent for the seller, a commission equal to15% (plus VAT) of the price paid by the Customer for the caravan/lodge is payable by the Customer to the Park Owner.
AGREEMENT FOR THE SITING OF A CARAVAN - TERMS AND CONDITIONS
The following documents referred to in the Terms and Conditions below are documents which form part of this Agreement for the Siting of a Caravan/Lodge ("this Agreement"): (!) the Private Sale Agreement, which sets out the terms on upon which the Caravan/Lodge may be sold to a purchaser who intends to continue to site the Caravan/Lodge on the Park (ii) the site Charges List, which sets out the annual site fees and other charges, and (iii) the Park Rules. A copy of each of these documents has been provided to the Caravan/Lodge owner. Further copies may be obtained from the Park office on request:
SITING OF A CARAVAN/LODGE ON THE PARK
1. This Agreement will not come into force if the Agreement to Purchase a Caravan/Lodge is cancelled.
2. This Agreement will come into force on the date of the Caravan/Lodge is delivered to the Caravan/Lodge Owner and will, subject to earlier termination by the Caravan/Lodge Owner under clause 18 below or by the Park Owner under clauses19.1, 19.2 or 19.3 below, continue for an initial period of ten years from that date. At the end of the initial ten tear period the Caravan/Lodge Owner will be entitled to continue to site the Caravan/Lodge on the Park upon the Terms of Agreement, unless and until this Agreement is terminated under clauses 18 or 19 below.
3. The Caravan/Lodge Owner must comply with the Terms and Conditions set out in this agreement, the terms and conditions of the Park Site Licence granted by the Local Authority which is displayed in the Park Office, and the Park Rules which specify the times that the Park is open during the year.
4. The Caravan/Lodge Owner will not acquire any ownership, tenancy or other proprietary interest in the pitch on which the Caravan/Lodge is sited and will only be entitled to site the Caravan/Lodge on the Park for holiday and recreational purposes under the terms of this Agreement.
5. While the Caravan/Lodge Owner will normally remain on the pitch allocated to him or her, where the Caravan/Lodge is required to be removed from a particular pitch on the Park to allow redevelopment of the Park, three months written notice will be given to the Caravan/Lodge Owner: in he event of the Caravan/Lodge requiring to be moved, the Park Owner will re-instate the Caravan/Lodge after the work has been completed, or if the move is permanent, will provide a similar alternative pitch. The Park Owner will be responsible for all responsible costs of removal.
CHARGES
6. The annual charges relating to the siting of the Caravan/Lodge on the Park facilities and services and disconnection fees removing the Caravan/Lodge from the Park are set out on the attached Site Charges List. The Site Charges list also explains (!) when the annual charges must be paid by (ii) how the annual charges are reviewed each year (iii) the amount of any refund the Caravan/Lodge Owner may be entitled to upon leaving the Park and (iv) whether the annual charges include winter storage. Where this Agreement is entered into before the annual charges for the following season have been confirmed, the Caravan/Lodge Owner will be notified of such annual charged 3 months before the start of that season. The Park Owner reserves the right to vary the charges annually and will notify the Caravan/Lodge Owner of any changes at least 3 months before the start of the next season.
7. If this Agreement comes to an end and the Caravan/Lodge Owner leaves the Park, the Caravan/Lodge Owner may be entitled to a refund, in accordance with the Site Charges List applicable at the relevant time, of sums the Caravan/Lodge Owner has paid which relate to a period after the Caravan/Lodge Owner leaves the Park.
8. In addition to the other rights which the Park Owner has for non-payment of pitch fees or any other sums due from the Caravan/Lodge Owner in relation to his account at the Park, the Park Owner will be entitled, where any sums exceeding £500 have remained outstanding in respect of such fees and other sums for at least 30 days from the due date for payment, to remove the Caravan/Lodge from its pitch, put in storage and keep in possession of it until all outstanding sums have been paid in respect of such fees and other sums. During the period that the Caravan/Lodge is in storage the Caravan/Lodge Owner will be liable to pay the Park Owner's reasonable storage fees from time to time. If all outstanding sums in respect of such fees have not been paid within 60 days from the due date for payment the Park Owner may sell the Caravan/Lodge on behalf of the Caravan/Lodge owner and, subject to deduction to clause 9 below, account to the Caravan/Lodge Owner for the proceeds of sale less the expenses of sale. The price for the Caravan/Lodge will be the best price reasonably obtainable by the Park Owner for the Caravan/Lodge on the basis that the purchaser of the Caravan/Lodge will not have the benefit of an Agreement for the Siting of the Caravan/Lodge on the Park.
9. The Park Owner will be entitled to deduct from monies owing to the Caravan/Lodge Owner, including but not limited sums due to the Caravan/Lodge Owner under clause 7 or 8 above, any sums which are due to the Park Owner or any finance company from the Caravan/Lodge Owner.
LETTING YOUR CARAVAN
10. The Caravan/Lodge Owner may, but is not required to, sublet the Caravan/Lodge and may do so privately or through the Park Owner. Details of the Park Owner's subletting service may be obtained from the Park Office. Where the Park owner arranges a subletting, a charge will be made as set out in the site charges list. The Caravan/Lodge Owner will not be entitled to sums received from subletting, where subletting occurs after the sale of the Caravan/Lodge or after any finance company takes or is entitled to take possession of the Caravan/Lodge.
SELLING YOUR CARAVAN/LODGE
11. The Agreement is personal to the Caravan/Lodge Owner but a new agreement will be issued to a person who acquires the Caravan/Lodge pursuant with clause 12 and 13 below.
12. If the Caravan/Lodge Owner wishes to sell the Caravan/Lodge to a purchaser who intends to site the Caravan/Lodge on the Park the Caravan/Lodge Owner must:
12.1. Have complied with the terms of this Agreement AND PAID ALL SUMS DUE TO THE Park Owner in full.
12.2. Notify the Park Owner in writing of his or her intention to place he Caravan/Lodge on the market for sale and notify the Park Owner in writing at least every month after such initial notification that the Caravan/Lodge remains for sale.
12.3. Enter into a Private Sale Agreement with the Park Owner, the terms of which will apply in relation to the sale of the Caravan/Lodge.
The Park Owner will issue a new Agreement to the Siting of a Caravan/Lodge to the purchaser.
13. The Caravan/Lodge Owner may sell or transfer the Caravan/Lodge to a family member who intends to continue to site the Caravan/Lodge on the Park without any commission being payable to the Park Owner. The Park Owner will issue to that family member a new Agreement for the Siting of a Caravan/Lodge for which a nominal administration charge will be payable. For the purpose of this clause 13 ‘family member' means and includes spouse, parent, grandparent, common-law husband/wife, grandchild, sibling including the spouse of any those persons and treating such stepchild of any of those persons as his/her own child.
OBLIGATIONS OF THE PARK OWNER
14. The Park Owner will use to the best of its endeavours to maintain the services shown overleaf which are available on the pitch.
15. It is agreed by the Caravan/Lodge Owner that the Park Owner will not be responsible for safeguarding any property belonging to the Caravan/Lodge Owner but will be responsible if the Caravan/Lodge Owner suffers loss or damage to his/her property because of the Park Owner's negligence.
OTHER OBLIGATIONS OF THE CARAVAN/LODGE OWNER
16. The Caravan/Lodge Owner must insure his/her Caravan/Lodge against fire and storm damage and his/her third party liability with a reputable insurance company; and his/her third party liability with a reputable insurance company; and maintain the Caravan/Lodge in good condition and provide it with a fire extinguisher of an approved type.
17. No extension or structures of any kind may be erected adjacent to or around the Caravan/Lodge without the written permission of the Park Owner.
TERMINATION
18. The Caravan/Lodge Owner may terminate this Agreement as follows:
18.1. By giving the Park Owner two months written notice: or
18.2. In the event that the Park Owner has seriously breached this Agreement and such breach is incapable of remedy, by giving the Park Owner reasonable written notice and have regard to the nature of the breach, or
18.3. In the event that the Park Owner shall be given a reasonable time to remedy the breach. If the Park Owner does not do so the Caravan/Lodge Owner may then terminate by giving the Park Owner one months written notice.
19. The Park Owner may terminate this Agreement as follows:
19.1. In the event that the Caravan/Lodge Owner has seriously breached this Agreement and such breach is incapable of remedy, by giving the Caravan/Lodge Owner reasonable written notice having regard to the nature of the breach: or
19.2. In the event that the Caravan/Lodge Owner has seriously breached this Agreement and such breach is capable of remedy, the Caravan/Lodge Owner shall be given reasonable time to remedy the breach. If the Caravan/Lodge Owner does not do so the Park Owner may then terminate by giving the Caravan/Lodge Owner one month's written notice.
19.3. In the event that the behaviour of the Caravan/Lodge Owner, members of his/her family, other users or visitors to his/her Caravan/Lodge is so unreasonable as to cause other owners of caravans/lodges on the Parks to be deprived of the enjoyment of their Caravans/Lodges or facilities at the park or the reputation and/or goodwill of the Park to be substantially affected or put at risk, the Park Owner becomes entitled to terminate the Agreement and may do so with immediate effect in circumstances which the Park Owner in its reasonable opinion considers appropriate.
Non-exhaustive examples of activities which may be regarded as constituting a serious breach of this Agreement not capable of remedy and/or as unreasonable behaviour entitling the Park Owner to terminate this Agreement with immediate effect clause 19.3 are [i] committing any criminal offence on the Park e.g. fraud, theft, bringing unlawful drugs or firearms onto the park or committing any assault on another person on the park. [ii] Wilfully causing damage to any property on the park whether or not belonging to the Park Owner or any person using, visiting or working at the Park. [iii] Threats, intimidation or abuse, either physical or verbal to any Person using or visiting or working at the Park. [iv] Repeatedly breaching any obligation under this Agreement or the Park Rules.
20. Upon any termination of this Agreement, however this arises, the Caravan/Lodge Owner will no longer have the right for the Caravan/Lodge to be sited on the Park and the Park Owner shall have the exclusive right to remove the Caravan/Lodge forthwith from its pitch following which the Caravan/Lodge Owner must at hi/her own expense promptly remove the Caravan/Lodge from the Park, subject always to the Park Owner's rights under clause 8 above. However the Caravan/Lodge Owner must give the Park Owner at least 7 days notice in writing of his/her wish for the Caravan/Lodge to be removed from the Park. The Park Owner may refuse to remove the Caravan/Lodge at weekends or on a Bank Holiday.
NOTICES AND VARIATIONS
21. All notices from the Park Owner to the Caravan/Lodge Owner will be sent to the Caravan/Lodge Owner's address as set out overleaf. The Caravan/Lodge Owner must notify the Park Owner of any changes to that address. All notices from the Caravan/Lodge Owner will be sent to the Park Owner or the Park Manager.
22. The Park Rules, the Site Charges List and the Private Sales Agreement may be varied by the Park Owner from time to time. Any variations will be notified and explained to the Caravan/Lodge Owner at least three months before the start of the relevant season.
